A man accused of killing a Salem couple while driving drunk was on his way back to Marion County Jail Monday following his arrest by deportation officers.

Eduardo De La Lima-Vargas, 39, of Hubbard, was taken into custody by U.S. Immigration and Customs Enforcement agents when he left the county jail after posting bail Thursday.

In a matter of hours, Marion County prosecutors filed a motion with the Marion County court to reconsider holding him without bail in order to prevent his removal from the United States so he can face prosecution for his alleged crimes here before being deported to Mexico.

According to ICE officials, De La Lima-Vargas is a citizen of Mexico residing illegally in the United States.

Marion County Judge David Leith ruled in the prosecutors' favor, and as of midday Monday, De La Lima-Vargas was en route to Salem from an ICE detention facility in The Dalles.

De La Lima-Vargas was first arrested after midnight on Aug. 19 on manslaughter, DUI and reckless driving charges.

According to police, he was driving his truck pulling an occupied horse trailer on Mission Street near Interstate 5 when he ran a red light and hit a motorcycle carrying Logan Wilson, 34, and Jessica Wilson, 32.

The Wilsons, a married couple with several young children, later died at Salem Hospital.

Responding officers described Vargas as smelling strongly of alcohol and swaying on his feet while standing. He failed a field sobriety test and his blood-alcohol content was at .10 percent two hours after the crash.

Several witnesses reported seeing him swerving and driving recklessly, according to court records. Two hours before the crash, he was involved in a property damage incident. After one witness called police and told him not to leave, De La Lima-Vargas allegedly threatened to shoot the witness and drove away.

Prosecutors noted that after the deadly crash, De La Lima-Vargas did not ask about the condition of the people he hit.

"He did, however, express concern for his horse, which had been in the horse trailer at the time of both of the crashes," prosecutors said.

De La Lima-Vargas also told investigators his wife was concerned about his driving the night of the crash. She offered to come and get him, but he declined because he did not know where he was.

Prosecutors said the public was at risk of physical injury if De La Lima-Vargas was released. They asked that he be held without bail.

Leith ordered that De La Lima-Vargas be held without bail until a hearing scheduled for Sept. 5.

During the hearing, Leith set bail at $500,000, finding that De La Lima-Vargas was charged with bailable offenses.

ICE officials confirmed that De La Lima-Vargas was taken into custody after posting $50,000 security the next day.

“ICE’s mission is to protect public safety by upholding the immigration laws of the country," ICE officials said in a statement Friday, adding that they considered De La Lima-Vargas to be threat to public safety.

ICE officials said they are not associated with the criminal proceedings in Marion County and would transfer De La Lima-Vargas back into local custody if Marion County prosecutors filed the appropriate motion.

Prosecutor Katie Suver filed a motion Friday asking the court to reconsider holding De La Lima-Vargas without bail to "protect the rights of the victims and the public and to avoid the possible removal of the defendant from the United States."

Suver said they were advised that De La Limas-Vargas could be removed from the country. Law enforcement would have no way ensuring his attendance at future court hearings if he was deported.

"At best, the defendant would remain in 'warrant' status and the case would never be tried," Suver said.

Shortly after prosecutors filed the motion, Leith ordered that De La Lima-Vargas be transported back to Marion County and held without bail until a new hearing scheduled for 8 a.m. Tuesday.

Prosecutors said the issue of bail will be addressed at the Tuesday hearing.

After De La Lima-Vargas's arrest, ICE issued an immigration detainer with Marion County Jail.

Detainers serve as a legally authorized request, upon which a law enforcement agency may rely, to continue to maintain custody for up to 48 hours so that ICE may assume custody for deportation.

"The Marion County Jail does not honor any aspect of an ICE detainer, absent a criminal arrest warrant issued by a magistrate judge," ICE officials said.

The issue of not honoring ICE detainers has become part of a contentious national debate over "sanctuary cities."

In November, voters will decide on whether Oregon should repeal its sanctuary state law, which prevents law enforcement from detaining people who are in the country illegally but have not broken other laws.

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